Forms Of State Regulation Research Articles

Comparative characteristics of constitutional and judicial law-making (on the example of Republic of Kazakhstan and USA)

Relevance. The Republic of Kazakhstan experienced an authoritarian regime that shaped a bureaucratic approach to the rule of law. Therefore, the application of positive experience in the formation of a democratic society, the study of the constitutional law of the USA, should serve as a criterion for the formation of one�s own constitutional traditions.Purpose. The purpose of the work is to identify the main tasks, ways and methods of law-making of the judicial branch of government in the law-making of the legal state of the Republic of Kazakhstan in comparison with the USA.Methodology. With the help of methods of analysis and synthesis, the main functions of the country�s judiciary within the framework of constitutional law, which determine the vector of development of the constitutional state, were determined. Using a comparative analysis, the relevant aspects of the formation of a democratic state were considered.Results. In the course of the study, examples of court decisions that created judicial practice and deepened experience in the field of judicial control over the constitutionality of laws in general and judicial control over amendments to the Constitution were considered. On the basis of common features, the main regularities of the evolution of law-making with the participation of the judiciary have been determined. The issue of the need to improve the mechanisms of courts� participation in the processes of development of the institution of constitutionalism was raised.Conclusions. The practical significance of the study lies in the identification of new forms of state regulation in the law-making system with the direct participation of courts of various branches of the Republic of Kazakhstan, as well as in the identification of shortcomings in the Constitution in terms of the regulation of court activities and their influence on the formation of legislative documents.

The Role of Civil Servant Investigator to the Case of the Demolition of the Dalem Tumenggung or Mangkunegaran Palace in Surakarta

The title of this thesis is “the Role of Civil Servant Investigator to the case of the demolition of the Dalem Tumenggung or Mangkunegaran Palace in Surakarta”. The aim of this thesis is to explore and analyse the role of the civil servant investigators to investigate, and the punishment for the investigators if the they would not do their job to do the investigation to the case of the demolition of the Dalem Tumenggung or Mangkunegaran Palace in Surakarta. This research is a normative legal research which is focused on the norms of positive legal in the form of state regulation. The historical approach and regulatory approach were used in this research. This research used the secondary datas which consist of primary law and secondary law sources. The datas were collected by interview and literature review. Law reinforcement and cultural conservation theories were used to explain the result of this research. The result of this study shows that the role of the civil servant investigator to the case of the demolition of the Dalem Tumenggung or Mangkunegara Palace in Surakarta will be carried out after receive the order from the police department. The civil servant investigators of the cultural heritage will be punished if they do not do their role as stated in the regulations.

Evaluating the efficience of social and economic developement of regions

The article analyzes the socio-economic development of the country, identifies the main trends in the regional development of the economy, conducts an analysis, identifies the main problems of forming a modern effective structure of industrial production in the country, as well as the rating of regional development, and elaborates recommendations. The article proposes an integrated approach to regional development, the development of interregional ties, the development of investment projects, the financial provision of problem areas, specific measures to improve interbudgetary relations, reduce and prolong inconsistencies in the regional development of the country, and integrated development. will contribute to the formation of a rational and fair regional proportion. The theoretical and methodological foundations of socio-economic development and the ways of its improvement, formation of a system of state regulation of the economic development of regions, the use of a regulatory mechanism in accordance with the requirements of objective economic legislation, the level of efficiency of territorial administration and analysis of regional development ratings are considered. Its importance increases if to take into account the modernization and decentralization of management, as well as the complexity of socio-economic processes and relationships between business entities and regulators. The forms of state regulation of the socio-economic development of regions represent an integral system of these methods, through which the state influences the economy.

Housing as a site of accumulation in Amsterdam and the creation of surplus populations

Many major cities around the world have undergone a steep housing price appreciation in recent years, creating windfall profits for some, while for others, the costs of living have risen considerably faster than their income. The resulting social stratification effects have received much scholarly scrutiny, and also raised discussions on whether or not we have to abandon ‘older models’ of class. By extending Marx's notion of surplus populations from primary work-related exploitation to housing-centred secondary exploitation, this article argues that older models are perfectly equipped to account for the various strata of 'asset-haves' and 'asset-have-nots'. Focusing in particular on the 'asset-have-nots’, the article utilizes the Dutch city of Amsterdam as a case study to illustrate how the acceleration of housing as a site of accumulation not only co-creates surplus populations but also an increasing share of people who find themselves at the frontiers of becoming surplus populations.The city of Amsterdam is particularly interesting as it has undergone one of the highest and most rapid real estate price increases in Europe in recent years, which has not only decreased the affordability and accessibility of housing for the low- but increasingly also middle-income strata. The article shows that the accelerated accumulation in the realm of housing, and the concomitant creation of surplus populations, are not mechanical law-like regularities of financialised capitalism. Instead, various forms of state regulation have facilitated and mediated the scale, timing and the way in which overaccumulated surplus capital has been absorbed through housing.

COMPARATIVE ANALYSIS OF INSURANCE IN UKRAINE

The relevance of the article is that bringing Ukrainian legislation in line with the insurance legislation of the European Union is one of the priority areas in the economy of Ukraine. The process of adaptation is a complex process given the large volume of regulations. The analysis of the comparative insurance process is the initial stage for determining the methods for implementing the norms of international cooperation at the domestic level. Insurance during the crisis (covid-19) and other negative political and economic events, the decline in the material well-being of the population has created a problem of significant reduction in consumer demand for insurance services. The problem of supporting consumer demand and the competitiveness of insurance companies is especially relevant today. The article provides a comparative comparative analysis of Ukrainian insurance legislation, the purpose of which is to identify regulatory relationships based on a comparison of national legislation and international regulations of one or different historical periods. It is concluded that significant differences in the parameters and proportions of the domestic market in accordance with the standards of the European insurance market indicate that on the path to European integration our country faces complex long-term challenges for the development of the domestic insurance system. In the EU there are unified methods and forms of state regulation of insurance activities, which are established by the relevant directives of the European Union on insurance. In this regard, the strategic perspective of Ukraine's insurance system development should be based on European standards, in particular, it is necessary to improve the work of the regulator, the legal framework, life insurance and health insurance, accident compensation limits, etc. Therefore, in order to create a proper basis for further development of the insurance market, increase its reliability, the regulatory framework should be based on clear, understandable and modern principles that will ensure proper performance of the functions assigned to them by insurers.

Federal Preemption, the Dormant Commerce Clause, and State Regulation of Broadband: Why State Attempts to Impose Net Neutrality Obligations on Internet Service Providers Will Likely Fail

Federal Preemption, the Dormant Commerce Clause, and State Regulation of Broadband: Why State Attempts to Impose Net Neutrality Obligations on Internet Service Providers Will Likely Fail

Hukum Islam sebagai rekayasa sosial dan implikasinya dalam undang-undang perkawinan di Indonesia

This study focuses on the role of Islamic law as social engineering and its implications in marriage law in Indonesia. Islamic law has always been a concern among legal experts and studies. One interesting thing is the effort to achieve justice through the application of Islamic law which functioned as social engineering. Though the nature of Islamic law is the dimension of social justice but at the same dimensions of the Godhead. In the Indonesian context, it is understood that the marriage law in Indonesia is the implication. As this study included the study of literature and research data analyzed by the theory of law as a social engineering with the sociological approach. The results of this study concluded Law Islamic law can function and formulated as social engineering in the form of state regulation and in fact it is contained in the articles of the Marriage Law in Indonesia.

STATE REGULATION OF THE FINANCIAL SERVICES MARKET IN UKRAINE

The essence of such concepts is “financial service”, “financial services market”, and “participants of the financial services market”; determined the purpose of state regulation of the financial services market; forms of state regulation of the financial services market; financial services that are present in the financial services market; the structure of state regulation bodies of the financial services market in Ukraine is given; The role of state bodies in the regulation of the financial services market was studied; to characterize the regulatory legal regulation of the financial services market in Ukraine; the main problems of functioning of the domestic market of financial services are revealed; ways to solve existing problems. It is grounded that the state regulation of financial services markets consists in the state’s implementation of a set of measures aimed at regulating and overseeing financial services markets to protect the interests of financial services consumers and preventing crisis phenomena. It is concluded that the financial services market is an important element of the development of the economy as a whole, in particular, it concerns not only the state but also society. We must understand that when this market is settled, that is, all bodies that carry out state regulation are competent in their powers, only then will we make informed, effective decisions about the normal and effective functioning of the RFP. It is important that the data of the subjects of control do not overlap, their activities should be fixed at the legislative level. It is also worth bearing in mind that appropriate conditions must be created to create compensatory mechanisms in the financial services markets by developing a system for guaranteeing deposits and providing for payments under long-term life insurance contracts, non-state pension provisions, deposits with deposit accounts to credit unions, etс.

STATE SYSTEM OF STIMULATION AND REGULATION OF INNOVATIVE ACTIVITIES OF ENTERPRISES IN DEVELOPED COUNTRIES OF THE WORLD

This article presents basic principles of formation of the state system of stimulation and regulation of innovation activity in developed countries. The main forms of state regulation and stimulation of innovative processes are investigated. The basic tools of the state influence on tax, price, depreciation, investment policy of enterprises with the purpose of activating innovation activity are highlighted.

Moral economies of consumption

The aim of this article is twofold: first, to bring together debates about enduring normative concerns surrounding the morality of consumption with more recent concerns about the ways specific moralities are constituted in and through markets. The second aim is to develop the concept of ‘moral economy’ and call for an approach to its study, attentive to how moralities of consumption develop through interactions between instituted systems of provision, forms of state regulation, customs within communities and the everyday reflections of consumers about the things that matter to them. As consumers are increasingly asked to factor environmental and fair labour concerns into their purchase and post-purchase habits, there is a real need to understand how moralities of consumption are both formatted through institutional frameworks and shaped everyday by actors from within. After developing a framework for the study of moral economies, this article explores in depth the experiences of one couple in relation to the cessation of a cardboard recycling collection in Shropshire (England) to show why a multilevel perspective is needed to appreciate the place of morality within the market.

ПЕРЕДУМОВИ ФОРМУВАННЯ МЕХАНІЗМУ ДЕРЖАВНОГО РЕГУЛЮВАННЯ СОЦІАЛЬНИМИ ГАРАНТІЯМИ В РЕГІОНІ

The article deals with modern mechanisms for managing social protection of the population by the state and the private sector. From the point of view of forms of state regulation of the sphere of social protection, system indicators usually include the state and dynamics of growth in the standard of living of the population, material goods, services and social guarantees for the poorly provided segments of the population. The main indicator among the above is the state of the consumer market, as one of the main factors in the development of the state. Priority areas of public administration with the use of various forms of social security have been identified. It should be emphasized that, despite the legislative conflicts that exist today in Ukraine, mandatory indexation of the cost of living is established, which is associated with inflation. Various scientists note that although the definition of the cost of living index has a well-established methodology, there are quite a lot of regional features in the structure of consumption. All this is due to restrictions that are included in the consumer basket of goods and different levels of socio-economic development of regions. The analysis of the establishment and periodic review of the minimum consumer budgets of the subsistence minimum and wages of the working population and the need to form state insurance funds for unforeseen circumstances is carried out. Considering in this context the levers of state management of social guarantees of the population, we drew attention to the crisis periods that are associated with the market transformation of the regional economy. In these conditions, there is a need to develop and implement new mechanisms and clusters in the system of socio-economic relations. The components of the mechanisms ofstate regulation ofsocial guarantees of the population are proposed. The deepening of market relations in the process of reforming the system of social protection of the population should be aimed at social well-being.

ESSENCE AND FORMS OF GOVERNMENT REGULATION OF INDUSTRIAL COOPERATION

The categorical apparatus has been widened and the main reasons of necessity for state regulation of industrial cooperation have been found. The scheme of research of industrial cooperation in the context of future government regulation has been developed. The systematization forms of state regulation of industrial cooperation on various criteria were done. It was proposed to consider the state regulation of industrial cooperation depending on the purpose in three directions that would allow for most effectively to intensify the innovative "growth points" of the national economy, ensure proper social and economic living standards of inhabitants and to take into account the specifics of depressive regions.

Cluster as an Innovational and Organizational Form of State Regulation of Business

This article studies state regulation of business determines and analyzes its economic, legal and organizational forms. The authors offer and substantiate the hypothesis that cluster is an innovational and organizational form of state regulation. Peculiarities and advantages of cluster for development of modern business are determined.

STATE REGULATION OF PENSION ASSETS INTERNATIONAL INVESTING

The goal of this article is to clarify the role of government regulation in international investment asset of accumulating pension funds. The main purpose of state regulation of pension assets international investment is to protect the interests of accumulating pension funds to preserve the value of pension savings. The subject of state regulation of pension assets international investment is the National Commission for the State Regulation of Financial Services Markets. There are the legal, administrative and economic forms of state regulation of international investment of pension assets. Government regulation of pension assets international investment require the additional risks of investing pension assets in international financial markets, which can provide effective balance between benefits and costs for pension funds participants and for state.In the article it is studied the experience of state regulation of assets mandatory funded pension funds international investment in EU countries of Central andEastern Europe. Positive and negative effects of quantitative restrictions on pension assets international investment are shown. Practical recommendations for state regulation of Ukrainian accumulating of pension funds asset international investment are offered.

Rethinking theDartmouth CollegeCase in American Political Development: Constituting Public and Private Educational Institutions

Dartmouth College v. Woodwardis taken to be the seminal case in the rise of the corporation. In recognizing a charter as a contract that vested private rights against many forms of state regulation, the case paved the way for the private business corporation and helped usher in large-scale commercial development against Jeffersonian agrarianism. In this “classical liberal story,”Dartmouth Collegeis understood to have preserved a private corporation against public interference. Yet this understanding ofDartmouth Collegeneglects what the actual case was about and erases an important moment of constitutional development. American colleges in the colonial period were church–state schools forged when the church and state were not separated. TheDartmouth Collegecase was part of a wider constitutional debate over what many saw as a public institution that, in the wake of the American Revolution, needed to be “disestablished” from the church. Doing so was part of a revolutionary constitutionalism that would help frame how we understood the relationship between public and private, church and state. This was a conflict about recasting institutions and embedding them in constitutional ideas. While advocates failed to solidify Dartmouth as a “public” institution, they succeeded in forging distinctions between public and private that shape how we think today.

Improvement of organizational and economic mechanism in development of agrarian and industrial complex on the bases of agricultural consumer serving cooperatives

In the article the structural changes allowing to use most effectively the capacity of rural territories with participation of local authorities and active involvement in social and economic processes of their development of country people are offered, they are aimed at the development of modern forms of state regulation and the market economic mechanism used in agrarian and industrial complex through creation of multilevel system of the cooperation in the village combining efforts of municipalities, the rural builder and agricultural producers. Today in the Russian Federation counts with 7349 agricultural consumer cooperatives from which 74,5% - in providing services and processing, and among them only 1% is are cooperatives in the sphere of rural construction. Nevertheless, this direction is actual in connection with practical need of creation of rural construction system as sectors of rural economy to which the solution of such problems as reduction or elimination of disproportions of development of urban and rural areas, counteraction to real monopolists of rural building industry, etc. is assigned. Examples of introduction of this mechanism in regions of the Russian Federation are shown in article.

Traders, Markets, and the State in Vietnam: Anthropological Perspectives

In the past two decades, marketplaces as sites of multifarious economic, social, and cultural exchanges have attracted renewed interest of economic anthropologists. The collapse of communism, forexample, unleashed a tidal wave of small-scale cross- border shuttle traders and contributed to the mushrooming of so-called post-so- cialist bazaars that have since been subjected to various forms of state regulation. In some parts of the world, traditional marketplaces are being promoted (and even recreated) to satisfy Western tourists' desire for an authentic oriental bazaar experi- ence. Elsewhere, or in different contexts, they are seen as indicators of a backward economy that need to be replaced by modern supermarkets and shopping malls. On the contrary, planners in the West now foster the development of community mar- kets in order to enhance public life and improve community relations. In short, mar- ketplaces, bazaars, and other sites of small-scale trading - sites of the so-called in- formal economy - hold plenty in store for anthropologists to explore and investigate.Established in 2011, the Max Planck Institute (MPI) research group Traders, Mar- kets, and the State in Vietnam investigates local markets and other sites of small retail trade in the seemingly paradoxical context of Vietnam's continuing socialist orienta- tion, on the one hand, and contemporary neoliberal economic and social transforma- tions, on the other. The group currently consists of Kirsten W. Endres as head of the group, two PhD students (Lisa Barthelmes and Esther Horat), and, since April 2013, Caroline Grillot as postdoctoral researcher (replacing Christine Bonnin who took up new assignments in January 2013). Besides holding regular informal meetings, the group organizes and participates in workshops and conference panels in order to place its findings in broader comparative contexts and to contribute to theoretical conceptualizations of the relationship between neoliberal reforms, economic restruc- turing, and changing state-society dynamics.Market Development Policies in Vietnam TodayFerdinand Braudel's (1982/2002) monumental study on European civilization and capi- talism in the fifteenth to eighteenth century is a poignant reminder that public mar- kets have, in different historic times and places, commonly been sites of intense policing and regulation. Along with the growth of markets, complex contestations emerged over important issues such as the institutionalization and control of mar- ketplaces, the levying of taxes, the use of public space, as well as, more generally, over changes in production and exchange relations.Vietnam is no exception in this regard. The 'appropriate' development of tradi- tional marketplaces has been on the Vietnamese government's agenda since the early 2000s. New policies were issued in the areas of distribution network planning, general public market regulations and management issues, and the privatization of market construction, renovation, and upgrading. In the capital of Hanoi, in particu- lar, a number of long-standing public retail markets have been demolished and re- built as multi-story trade centers by private sector contractors (Barthelmes, 2013). As a result, many small-scale market vendors, after years of struggling for economic survival in temporary markets awaiting relocation, now suffer the consequences of higher monthly fees, inadequate spatial conditions, and the loss of customers. In addition, since the mid-1990s, other 'disorderly' forms of commercial activity, such as street vending and hawking, have repeatedly been banned in government efforts to bring order to city streets and discipline citizens into becoming 'modern' urban subjects. Yet the state's modernizing mission represents only one side of the coin. Equally important in explaining the elimination of traditional public markets is the current climate of wealth accumulation in Vietnam that takes place at the higher levels of an 'unholy' confluence between clientelistic mechanisms of political power and capitalist opportunities to profit - opportunities that serve the interests of a powerful politico-economic elite by absorbing its over-accumulated capital (Harvey, 2003). …

The Future of Adult Guardianship in Federal Australia

This article explores two key societal developments that in different, yet related, ways are encouraging national policy changes to Australia's state- and territory-based adult guardianship arrangements. The first concerns the changing demographic nature and disability profile of those Australians who are subject to guardianship orders, with older Australians increasingly—through age-related disabilities—being eligible for guardianship orders. The second concerns the supremacy of the rights paradigm under which guardianship and all other forms of state regulation are increasingly operating, which itself creates opportunities for, and expectations of, national-level policy making and leadership. The article examines recent academic literature as well as literature generated by recent government inquiries, and argues that while the states and territories should continue to regulate the provision of guardianship, certain national policy developments are warranted. These include clearer guidance about the need for substitute decision making when people become residents of aged-care facilities, and the development of national guardianship principles.

Fichte’s Theory of Property

I discuss J. G. Fichte’s theory of property and its implications in relation to the claim made by C. B. Macpherson that, by broadening the meaning of the term ‘property’, it becomes possible to reconcile two principles of liberal democratic theory that seem to be at odds with each other: the right to property, understood as the right to exclude others from the use or benefit of something, and the right to use and develop one’s capacities. I argue that Fichte’s broad conception of property can be viewed as an example of how this might be done. I also show, however, that Fichte demonstrates that a political reconciliation of these rights is demanded by the conceptual reconciliation of them, and that such political reconciliation may demand placing considerable limitations, in the form of state regulation and the redistribution of resources, on human freedom.

Re‐thinking frontiers in Southeast Asia

Re‐thinking frontiers in Southeast Asia